1.3.0 Introduction

Chapter 3 of Volume 1 contains provincial policy and standards for child protection services under Part II and Part III of The Child and Family Services Act.

Chapter Content

This chapter is divided into seven sections as follows:

Section 1 – Child Protection

Section 2 – Legal Proceedings

Section 3 – Child Abuse

Section 4 – Provincial Child Abuse Investigations

Section 5 – Child Sexual Exploitation

Section 6 – Apprehension for Medical Treatment

Section 7 – Working with Law Enforcement

• Legislation

  Children in Need of Protection

  As stated in section 2 of The Child and Family Services Act, protecting children is the first priority in any proceedings under the Act. Section 17 defines a child in need of protection and lists illustrations (examples) for agencies, police, courts and others to follow. This approach to defining a child in need of protection is not limiting and gives agencies and police broad powers to investigate and intervene in child protection situations.

  The examples listed in section 17 of the Act include a child who is abused or in danger of being abused. The definition of abuse in section 1 lists physical injury, emotional disability and sexual exploitation as forms of abuse.

  Reporting a Child in Need of Protection

  Under section 18 of the Act, a person (including a peace officer) who reasonably believes that a child is or might be in need of protection must immediately report the information to a child and family services agency or to a parent or guardian. The person must report the information to an agency when the person:

  • does not know the identity of a parent or guardian
  • believes the parent or guardian is responsible for causing a child to be in need of protection or is unable or unwilling to provide adequate protection to the child
  • believes that the child is or might be suffering abuse by a parent or guardian of the child or by a person who has the care, control or charge of the child

  The duty to report applies to a person who has acquired the information through the discharge of professional duties or within a confidential relationship, but does not abrogate any privilege that may exist because of the relationship between a solicitor and the solicitor’s client.

• Policy

  Terminology

  The following terms apply to the sections in this Chapter:

  Collateral – an external and independent person or organization assisting a child and family services agency in a child protection investigation or in monitoring or supervising a child protection case.

  Court – the Court of King’s Bench of Manitoba (Family Division) or the Provincial Court (Family Division) unless otherwise stated.

  Guidelines and Publications

  The Manitoba Guidelines on Identifying and Reporting a Child in Need of Protection (Including Child Abuse) were developed to help professionals and the general public understand and carry out their responsibilities to protect children through early identification and reporting. Other publications relating to child protection services are available on-line through the Department of Families website.

• Standards

  The provincial standards in this chapter are minimum requirements for services to families under Part III of The Child and Family Services Act.

  Agencies are also required to follow culturally appropriate standards developed by their respective mandating authorities pursuant to section 19 of The Child and Family Services Authorities Act.

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